---
kind: "section"
citation: "54 U.S.C. § 100723"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "100723"
heading: "Actions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/100723"
units:
  - "Subtitle I — National Park System"
  - "Division A — Establishment and General Administration"
  - "Chapter 1007 — Resource Management"
  - "Subchapter II — System Unit Resource Protection"
---

# §100723. Actions

- (a) **Civil Action for Response Costs and Damages.—** The Attorney General, on request of the [Secretary](/usc/54/100102.md?p=3) after a finding by the [Secretary](/usc/54/100102.md?p=3) of destruction, loss, or injury to a [System unit resource](/usc/54/100721.md?p=3-A) or a finding that absent the undertaking of a response action, destruction, loss, or injury to a [System unit resource](/usc/54/100721.md?p=3-A) would have occurred, may bring a civil action in United States district court against any person or instrumentality that may be liable under [section 100722 of this title](/usc/54/100722.md) for [response costs](/usc/54/100721.md?p=2) and [damages](/usc/54/100721.md?p=1). The [Secretary](/usc/54/100102.md?p=3) shall submit a request for the civil action to the Attorney General whenever a person may be liable or an instrumentality may be liable in rem for those costs and [damages](/usc/54/100721.md?p=1) under [section 100722 of this title](/usc/54/100722.md).
- (b) **Response Actions and Assessment of Destruction, Loss, or Injury.—**
  - (1) **Actions to prevent or minimize destruction, loss, or injury.—** The [Secretary](/usc/54/100102.md?p=3) shall undertake all necessary actions to—
    - (A) prevent or minimize the destruction, loss of, or injury to [System unit resources](/usc/54/100721.md?p=3-A); or
    - (B) minimize the imminent risk of destruction, loss, or injury to [System unit resources](/usc/54/100721.md?p=3-A).
  - (2) **Assessment and monitoring.—** The [Secretary](/usc/54/100102.md?p=3) shall assess and monitor destruction, loss, or injury to [System unit resources](/usc/54/100721.md?p=3-A).

## Source credit

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3107.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 100723 | 16 U.S.C. 19jj–2. | Pub. L. 101–337, § 3, July 27, 1990, 104 Stat. 380. |

In this section, the words “destruction, loss, or injury” are substituted for “damage” in subsection (a) and for “damages” in subsection (b) for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action.

In subsection (a), the words “response action” are substituted for “response costs” the 1st time the words appear for clarity and consistency in the new chapter.